Terms of service

This website is operated by Nubeluz, a division of SUR, LLC, a Florida limited liability company. Throughout the site, the terms “we”, “us” and “our” refer to Nubeluz.

Nubeluz is engaged via the Spotify platform in the sale of merchandise including wallpaper and decals for room décor, and various items of clothing. Our service (the “Service”) is hosted on Shopify Inc. which provides us with the online e-commerce platform that allows us to sell our merchandise to you

These Terms of Service govern the terms and conditions under which you may access and use the website of Nubeluz and the services associated with it. These Terms of Service apply to all users of our website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 
You should read these Terms of Service carefully and understand them. By accessing and using this website, you agree to be bound by these Terms of Service. We recommend that you consult these Terms of Service when you have any question with respect to our service or wish to verify how something functions. Please review this information periodically since it may change at any time without notice. 

1. Access to the Service.

You must be at least eighteen (18) years of age in order to access or use the Service. You must be able to enter into legally binding contracts under applicable law.

2. Accuracy, Completeness and Timeliness of Information.

We are not responsible if the information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this website is at your own risk. 

3. Modifications to the Service and Prices. 

Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

4. Our Merchandise

Certain of our products may be available exclusively online through this website. These products may have limited quantities and are subject to return or exchange only according to our Nubeluz Return Policy: [ADD LINK TO NUBELUZ RETURN POLICY] 
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Service. We cannot guarantee that your computer monitor's reproduction of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this website is void where prohibited. 
We do not warrant that the quality of any merchandise purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

5. Accuracy of Account Information.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number you provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made from us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6. Third Party Links.

This website may contain links to other websites which are not under the control of Nubeluz. These links are provided only for your convenience, and Nubeluz is not responsible for the contents or transmission of any website for which a link is provided. Nubeluz does not endorse any such websites and does not make any representation that they are error or virus free. The disclaimer of warranties in Section 7 below also applies to any linked website.

7. DISCLAIMER OF WARRANTIES.

THE INFORMATION CONTAINED IN THIS WEBSITE MAY CONTAIN ERRORS OR INACCURACIES, AND IS OFFERED TO YOU “AS IS” WITH ALL ITS DEFECTS FOR INFORMATIONAL PURPOSES ONLY, WITHOUT WARRANTY OF ANY KIND INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NUBELUZ DOES NOT MAKE REPRESENTATIONES OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY.

IN NO EVENT SHALL NUBELUZ BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO OR ARISING OUT OF THE USE OF THIS WEBSITE OR THE SERVICE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF NUBELUZ IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification.

You agree to indemnify, defend and hold harmless Nubeluz, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and costs (including, without limitation, attorneys’ fees) arising from your use of this website or the Service, your violation of these Terms of Service, or your intentional wrongdoing of any kind. Nubeluz reserves the right, at its expense, to participate in the defense or settlement process.

10. Personal Information.

Your submission of personal information through the Service is governed by the Nubeluz Privacy Policy, which can be accessed by clicking this link: [ADD LINK TO NUBELUZ PRIVACY POLICY]

11. Prohibited Uses.

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using this website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that would affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

12. Notices.

Notices from Nubeluz to you will be sent only by e-mail. You may send notices to us (including questions, complaints or legal notifications) by e-mail or by ordinary mail as follows:

• Notices by e-mail should be sent to: hello@nubeluz.com
• Ordinary mail should be sent to: Nubeluz Support, 7038 NW 50th Street, Miami, Florida 33166

13. Applicable Law and Jurisdiction.

These Terms of Service are governed by the internal laws of the State of Florida and the applicable federal laws of the United States. You hereby consent to the exclusive jurisdiction of the courts located in Miami-Dade County, Florida for all claims and disputes which arise hereunder or which are necessary to comply herewith or interpret the same or with respect to anything else related to these Terms of Service; you hereby waive any claims or defense that such courts constitute an inconvenient forum.

14. Integration.

These Terms of Service along with the Nubeluz Return Policy and the Nubeluz Privacy Policy constitute the entire agreement between you and Nubeluz relating to the Service and replace any prior agreements between you and Nubeluz relating to the Service.

15. Written Agreement.

These Terms of Service constitute a written agreement between you and Nubeluz. The printed version of these Terms of Service or any notification given by e-mail relating to these Terms of Service will be admissible in any judicial or administrative proceeding on the same basis and subject to the same restrictions as any other original contract or document maintained in printed form.

16. Electronic Form of Agreement.

You hereby waive any defense based on the electronic form of these Terms of Service and the absence of signatures.

17. Modifications.

Nubeluz reserves the right to modify, whenever it wishes in its sole discretion, with or without notice, these Terms of Service, the Nubeluz Privacy Policy, the Nubeluz Return Policy, the form in which the Service functions and any of the policies that affect your use of the Service. Any modification will take effect immediately upon the publication of such modification on this website. Your only right with respect to your dissatisfaction with any modification of these Terms of Service, or any policies or practices of Nubeluz in the furnishing of the Service including, without limitation, any change in the amount or type of fees for merchandise on the Service, is to cancel the Service in accordance with the help instructions on our website.

18. Right of Termination.

Nubeluz reserves the right to terminate or restrict the Service at any time, with or without cause.

19. Representations and Warranties of the User.

You hereby represent and warrant that you have the legal right and capacity to subscribe to these Terms of Service and to comply with their terms and conditions. 

I HAVE READ THE FOREGOING TERMS OF SERVICE AND I ACCEPT ALL THE PROVISIONS INCLUDED IN THEM.